Reasonable Safety Is Sufficient To Absolve An Occupier Of Liability Under The OLA
In the recent Alberta Court of Queen's Bench decision of Westerveld v Cineplex Entertainment Corp, 2022 CarswellAlta 920, Master Mattis described the obligations imposed on an occupier under the Occupiers' Liability Act (OLA). In […]
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Can You Fire an Employee for Secretly Recording Work Conversations? – Quiz
It may not be a crime but secretly taping co-workers and managers can be just cause to terminate Employees can turn into spies, especially when they feel like you’re mistreating them […]
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Flight Attendants Can Bring Harassment Class Action against WestJet
To get around the workers comp bar on workers’ suing their employers for harassment, a group of female flight attendants filed a class action contending that WestJet’s failure to protect […]
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Just Cause Terminations
Date: June 8, 2022 Time: 9:00 AM PT Speaker: Anthony Panacci Employers have a very high bar to meet when terminating for “just cause”. This has left employers asking the question: “Can employers […]
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Can I Fire An Employee For Breaking Our Policy?
Many employers establish policies that they expect their employees to follow, but a policy is not likely to be followed if there are no consequences for an employee who chooses […]
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Video Surveillance Policy
Closed circuit television and other surveillance equipment can help you keep your work facility safe and secure. But it can also violate the personal privacy of individuals who are monitored. […]
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Apple Faces Backlash on Return to Work Policy
APPLE MINI-REVOLT SHOWS DANGERS OF MAKING REMOTE EMPLOYEES RETURN TO WORK Having gotten used to working from home, many employees are reluctant to heed the call to return to the office. […]
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Mental Health – Lets Talk About It
The increase of anxiety and depression has been directly linked to lower productivity and higher absenteeism in the workplace... Whether you have been isolated in a remote workspace or exhausted on […]
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Court Of Appeal Certifies WestJet Sexual Harassment Class Action
In Lewis v. WestJet Airlines Ltd.1, the British Columbia Court of Appeal certified a class action concerning the alleged workplace sexual harassment of female flight attendants at WestJet Airlines. The decision […]
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Are You Prepared For An Incident Of Workplace Violence In Your Workplace?
Many of us were stunned to witness Will Smith slapping Chris Rock live on stage at the 2022 Oscars award show. Fallout from that incident is still continuing to mount […]
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Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination
On April 4, 2022, in Fraser Health Authority v British Columbia General Employees' Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union's grievance respecting […]
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At a Glance: Termination of Employment in Canada
Termination of employment Grounds for termination May an employer dismiss an employee for any reason or must there be ‘cause’? How is cause defined under the applicable statute or regulation? In most jurisdictions, […]
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The “Historic Trade-Off”: Ontario Divisional Court Considers The Interplay Between The Workers’ Compensation Scheme And Constructive Dismissal Actions Arising From Workplace Harassment
In Morningstar v. WSIAT, 2021 ONSC 5576, the Ontario Divisional Court conducted a judicial review of Decision No. 1227/19, 2019 ONWSIAT 2324 and Reconsideration Decision No. 1227/19R, 2020 ONWSIAT 1151 (the "Decisions"): two decisions of […]
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Cameras in the Workplace: From Justified Surveillance to Psychological Harassment
In a recent decision,[1] the Tribunal administratif du travail (the “Tribunal”) concluded that an employer’s excessive surveillance by means of security cameras was a violation of its employees’ right to dignity and integrity, and […]
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Defamation in an Employment Context
Date: April 13 Time: 9:00 AM - 10:30 AM PDT Speaker: Stéphane Fillion During this webinar, our speaker will examine the delicate question of rights, obligations and remedies when an employer, its officers […]
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Canadian Workforce Diversity, Equity & Inclusion
When we talk about diversity we often reference several aspect of diversity. Diversity as defined by Employment Equity refers to 4 groups: Women, Visible minorities, Indigenous people, People with a […]
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The Legal Risks of Digitally Monitoring Employees
The Legal Risks of Digitally Monitoring Employees Use of digital monitoring solutions may violate employees’ privacy rights under the following laws: PIPEDA & Provincial Privacy Laws Personal privacy legislation, including the federal Personal Information […]
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Ontario Proposes Minimum Wage And Other Entitlements For “Digital Platform Workers” With Introduction Of New Legislation
On February 28, the Ontario government introduced the Working for Workers Act, 2022 (the Act). If passed, the Act will create new entitlements for "digital platform" workers, including a minimum wage. The […]
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Ontario Court Confirms No Retroactive Application Of Employment Standards Act Ban On Non-Competition Clauses
Last week we were able to share some much-needed ministry guidance on the Working for Workers Act (the "Act"), which introduced amendments to the Employment Standards Act, 2000. You can find our blog […]
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An Apology Goes a Long Way: Court of Appeal Upholds Termination for Sexual Harassment and Refusal to Apologize to Complainant
What Happened? The employer terminated a senior male employee with 20 years’ service for just cause following an investigation into a complaint made by a female co-worker, regarding four inappropriate comments […]
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Legitimately Disciplining Employees Without Committing Reprisals – Game Plan
Employees who engage in protected activity on Monday aren’t exempt from discipline for infractions they commit on Tuesday. “Reprisal” is a fancy word for revenge. It’s a nasty action that you […]
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Illegal Reprisals – Know The Laws Of Your Province
Don’t punish employees for exercising their workplace rights. Reprisals, aka, discriminatory action, refers to punishing employees for engaging in activities that are legally protected, such as complaining to government authorities or […]
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Reprisals Complaint Response Questionnaire
A prompt and effective response is vital when employees file a complaint accusing your company of retaliation or taking reprisals against them for engaging in protected activity. The first step […]
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Non-Retaliation Policy
Create a clearly worded policy reassuring employees that you won’t retaliate against them for reporting violations, exercising legal rights and engaging in other forms of protected activity. Here’s a template […]
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What to Do When an Employee Defies Your Mandatory Vaccination Policy
Find out why the employee is refusing before deciding what to do. Before the pandemic, mandatory vaccination policies were rare and limited to sensitive sectors like health care and travel. But […]
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The Conflicts Don’t Stop: The Latest on Workplace Investigations
Date: October 27, 2021 Time: 9:00 AM – 10:30 AM PDT Speaker: Inna Koldorf Recording: To access the recording of this webinar click here. All ancillary material is available as a handout with the recording. Workplace harassment and […]
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Managing The Great Resignation: Tips For Employers Reopening Workplaces
There is no doubt that the COVID-19 pandemic has altered views of work and career. Employees are seeking greater flexibility and autonomy in how and when they work. A recent global survey conducted […]
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Equity, Diversity and Inclusion in the Workplace
Recorded Date: September 8, 2021 Time: 2:00 PM PDT Speaker: Jill Wilkie, Miller Thomson Recording: To access the recording of this webinar, please go here. In this webinar, we will be discussing the following points […]
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13 Ways to Battle Islamophobia in Canadian Workplaces
In January of 2017, an act of terror took the lives of six people at the Grand Mosque in Québec City and seriously injured 19 others. Their deaths were heartbreaking […]
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July 28: Using Mediation for Conflict Resolution in the Workplace
RECORDED DATE: July 28, 2021 TIME: 9:00-10:30AM PDT SPEAKER: Heather Hettiarachchi, LLB MSc CPHR To access the recording of this webinar, please go here. As a member of OHS Insider, use discount code HRIVIP21 to watch […]
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